Created by Fuzzy Cloud

Patna High Court

Shatrughan Paswan @ Shatrudhan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond and sureties under Section 482(2) of the BNSS.

Summary

The petitioner, Shatrughan Paswan, sought anticipatory bail after police intercepted a Scorpio vehicle allegedly carrying 200.625 litres of illegal foreign liquor under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that the vehicle belonged to another person, the sale agreement linking him was unverified, and the seizure violated Sections 103 and 105 of the Bihar Narcotic and Smuggling Act (BNSS). The State opposed the bail, contending the petitioner was involved in the offence. The court examined the adequacy of the evidence and the procedural compliance of the seizure. It granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS despite the alleged seizure of illegal liquor.
  • Whether the sale agreement and vehicle ownership evidence are sufficient to link the petitioner to the offence.
  • Whether alleged violations of Sections 103 and 105 of the BNSS in the seizure process affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal foreign liquor
  • seizure
  • bail bond
  • Section 30(a)
  • Section 482(2)
  • BNSS
  • Sections 103 and 105

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35284 of 2026
                    Arising Out of PS. Case No.-83 Year-2026 Thana- BACHHWARA District- Begusarai
                 ======================================================
                 Shatrughan Paswan @ Shatrudhan Kumar Son of Kamlu Paswan Resident of
                 Village- Chirayatak, Jamainkot, Ward No. 12, P.S.- Bachwara, District-
                 Begusarai

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kumar Rupesh, Adv
                 For the Opposite Party/s :      Mr.Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

1   27-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Bachwara P.S. Case No. 83 of 2026 registered

                   for the offence punishable under Sections 30(a) of the Bihar

                   Prohibition and Excise Act.

                                   3. As per the FIR, on 13.03.2026, the police

                   received secret information that Shatrudhan Paswan was

                   transporting illegal foreign liquor in a Scorpio vehicle towards

                   Bachwara. Acting on the information, the police intercepted the

                   vehicle. However, two persons, including Shatrudhan Paswan,

                   fled from the spot. Upon search, 200.625 litres of illegal foreign

                   liquor were recovered from the vehicle.
Patna High Court CR. MISC. No.35284 of 2026(1) dt.27-05-2026
                                            2/3




                          4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has been falsely implicated in the

          present case. It is further submitted that the seized Scorpio

          vehicle belongs to Md. Samshad, and the petitioner has been

          implicated merely on the basis of an unverified sale agreement

          executed on a stamp paper of Rs. 1,000/-. It is also argued that

          the alleged agreement paper recovered from the Scorpio cannot

          be linked to the petitioner, and there is no material to establish

          his involvement with the seized liquor. It has further been

          submitted that no independent witness was present at the time of

          seizure, and the seizure list was allegedly prepared in violation

          of Sections 103 and 105 of the BNSS. Lastly, it is submitted that

          the petitioner has three criminal antecedents, in all of which he

          is already on bail. And are ready to abide by all terms and

          conditions as may be imposed by this Court while granting the

          privilege of anticipatory bail.

                          5. On the other hand, the learned APP for the State

          has opposed the prayer for bail of the petitioner.

                         6. Let the petitioners, above named, be released on

          anticipatory bail in the event of arrest or surrender before the

          court below within a period of four weeks from today on

          furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each
              Patna High Court CR. MISC. No.35284 of 2026(1) dt.27-05-2026
                                                          3/3




                        with two sureties of the like amount each to the satisfaction of

                        learned Learned Exclusive Special Excise Judge-I, Begusarai, in

                        connection with Bachwara P.S. Case No. 83 of 2026, subject to

                        the condition as laid down under Section 482(2) of the B.N.S.S.,

                        2023.



                                                      (Ajit Kumar, J)
niku/anuj/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.